PLUS MINUS WHAT...!

Monday, December 24, 2012

Delhi Gang-rape: IPC 376 (2) (g) requires redrafting

This
blog is about the IPC 376 (2) (g) which is associated to gang-rape.

In
the past 65 years our government has not redrafted laws. The laws which
India is following are the ones which have been created by the British. Just
read the section 376 which is to deal with the crime of rape. This has come to light after Delhi gang rape.

Question for you! (courtesy: artist)

Section 376(2)(g) in The Indian
Penal Code, 1860

(g) commits gang rape, shall be
punished with rigorous imprisonment for a term which shall not be less than ten
years but which may be for life and shall also be liable to fine: Provided that
the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment of either description for a term of less than
ten years. Explanation
1.- Where a women' s is raped by one or more in a group of persons
acting in furtherance of their common intention, each of the persons shall be
deemed to have committed gangrape within the meaning of this
sub- section. Explanation 2.-" women' s or children' s institution"
means an institution, whether called and orphanage or a home for neglected
women or children or a widows' home or by any other name, which is established
and maintained for the reception and care of women or children. Explanation
3.-" hospital" means the precincts of the hospital and includes the
precincts of any institution for the reception and treatment of persons during
convalescence or of persons requiring medical attention or rehabilitation. (This section of IPC
was amended by the Act 43 of 1983 section 3 w.e.f 25-12-1983)

In this section there is no
provision for serious punishment. Public is demanding that the law should be
changed. Capital Punishment should be pronounced to the culprit.

When we talk about capital
punishment some people argue that in a civilized society this kind of punishment
is not permissible. Here the question arises that a civilized society allows
rape on a female which is on increase on daily basis.

This government is promising that
fast track courts will be made for the trial of rape cases. Within two days
from the filing of the charge sheet the case will be on for day to day basis
hearing. But what if the case is not filed?

Still the government is playing
games with the sentiments of the common India and for the politicians of our
country modesty of female is not important. A country where Goddesses
are to be worshiped more than the Gods the females are just not safe!

On filing of the case this is what
happens:

Lok Sabha Debates

SPECIAL MENTION: Regarding A
Case Of Gang-Rape At Dhantalla, Nadia In ... on 12 March, 2003

nt>

Title:
Regarding a case of gang-rape at Dhantalla, Nadia in West Bengal on 5 February,
2003.

KUMARI
MAMATA BANERJEE (CALCUTTA SOUTH): Sir, I want to raise a very important matter.
… (Interruptions)

MR.
DEPUTY-SPEAKER: Nothing will go on record.

(Interruptions)
*

MR.
DEPUTY-SPEAKER: You have every right. In whatever form you want, you can bring
it. Now, Kumari Mamata Banerjee will speak.

…
(Interruptions)

MR.
DEPUTY-SPEAKER: That is over now.

Nothing
will go on record except what Kumari Mamata Banerjee speaks.

(Interruptions)*

MR.
DEPUTY-SPEAKER: Nothing will go on record except what Kumari Mamata Banerjee
speaks.

(Interruptions)*

MR.
DEPUTY-SPEAKER: Nothing will go on record except what Kumari Mamata Banerjee
says.

(Interruptions)
*

KUMARI
MAMATA BANERJEE : Sir, I want to raise a very unfortunate matter in this House.
On the 5th of February, in Dhantalla of Nadia District, a marriage party of
women was attacked and gang-raped. … (Interruptions) We went to the spot and
met the victims. We were told that till 18 days after the incident, police
were not prepared to lodge the FIR. … (Interruptions) Medical tests were
not conducted till 72 hours after the incident. A person who came forward
to recognise the perpetrators of the crime was murdered. … (Interruptions)

The perpetrators think they can get away with everything,they tend to forget that if not in this world they will surely be punished in the hereafter; just because someone didn't get justice in this world doesn't mean they can't get justice at all....